Magoon v. Lord-Young Engineering Co.

Citations

• 23 Haw. 187
• 1916 Haw. LEXIS 29

Syllabus

<p>Costs — where government officer a party.</p> <p>Where one of two parties against whom a final decree is entered is a public officer and, therefore, not liable for costs, and the other party is a contractor who was acting for his own profit, and who defended against the suit on the same general grounds as the officer, but under his own pleadings, through his own counsel and in his own right, held that all recoverable costs should be taxed against the latter.</p> <p>Same — in equity cases — on appeal.</p> <p>The rule that costs in suits in equity are in the discretion of the court applies only to costs in the trial court. The costs on appeal of such cases go to the party who prevails in the supreme court under R. L. 1915, Sec. 2548.</p> <p>Same — taxable disbursem.ents.</p> <p>Held, that the cost of photographs of the locus in quo', of a transcript of the testimony; of typing the record on appeal; and. the amount of the premium on an injunction bond, were taxable as reasonable disbursements in this case. The cost of a duplicate transcript held not taxable as a disbursement or allowable as a counterclaim.</p> <p>Same — expert witness fees.</p> <p>Compensation paid by a party to an expert witness is not recoverable as a taxable disbursement.</p>